Background
‘Eurovision – Australia Decides 2022’ will be held on the Gold Coast on Friday 25 and Saturday 26 February 2022 ("Event"), giving Australians the chance to choose who will represent Australia at the Eurovision Song Contest 2022 in Italy. Now in its third year, artists will perform in 3 live shows during the Event with the last show being broadcast live on SBS and streamed on SBS On Demand. During this show the public are able to vote (with a 50% weighting alongside jury votes which are made after the opening night show).
Terms and Conditions
SBS and Blink TV Production (Blink) are producing the show, ‘Eurovision – Australia Decides 2022’ in association with strategic partners Tourism & Events Queensland, Major Events Gold Coast and Screen Queensland. SBS and Blink are offering a ‘Eurovision – Australia Decides 2022 TikTok Wildcard Artist Competition ("Competition") subject to the terms and conditions set out below ("Terms and Conditions"). The Competition is organised jointly by SBS and Blink (together, the "Organisers") in collaboration with TikTok and offers the opportunity for the TikTok wildcard artist to become the eleventh artist to join the line up for the Event.
Who Can Enter?
Entry is only available to people who are Australian citizens resident in Australia and aged 16 years or over as at 1 May 2022. Organisers' employees, officers and contractors (and their immediate family members) are ineligible to enter the Competition.
How to Enter?
The Competition starts on Tuesday 14 December 2021 at 09:00AM (AEST) and ends on Sunday 16 January 2022 at 11:59PM (AEST) ("Competition Period").
To participate in the Competition, entrants must:
- produce a video of up to 1 minute ("Video") of a live vocal performance which meets the Video Requirements; and
- post the Video on their TikTok account within the Competition Period and include the hashtag #EurovisionAustralia within the caption of the post; and
- ensure that the privacy settings of the Video are set to “public” and is publicly accessible; and
- ensure that the Video posted complies with TikTok’s Community Guidelines, TikTok’s Terms of Service and the Video Requirements
Entrants can submit an Entry as individual or up to a group size with a maximum of 6 members.
Each submission fulfilling all the above criteria shall be referred to as an “Entry”. In posting a Video on their TikTok account with the hashtag #EurovisionAustralia, the entrant (including where the entrant is a group) warrants that they meet the eligibility requirements, and agrees to these Competition Terms and Conditions, TikTok’s Terms and Service and TikTok’s Community Guidelines.
Video Requirements
All Videos must comply with the following requirements (“Video Requirements”):
- Entrants may choose any song to perform, including an existing published song or the entrant’s own original song, but the Video must contain the entrant’s own live vocal performance.
- Video can use a backing track to support vocal ability, although an a cappella performance is preferred
- Organisers intend to produce a clip for inclusion in the TV broadcast and online communication of the Event with a selection of TikTok entrants to highlight variety and quality of performances. If selected Organisers may require another version of your Video with an a cappella performance
- All people featuring in the Video must be over 16 years of age as at 1 May 2022, and you must have their consent to feature in the Video
- Video must not show any illicit behaviour such as taking or using drugs
- Video must not contain gestures of a political or similar nature
- Video must not contain profanities
- Video must not contain any dangerous behaviour that would be perceived as unsafe to you or anyone around you
- Apart from music (addressed above), Video must not contain any third-party intellectual property (this includes branded clothing, copyright works other than the entrant's own, or other branded objects)
- If recorded in public, you must obtain necessary permits and licenses and any permission needed to record prominent landmarks or locations.
Prizes
There will be 1 Winner chosen from all Entries by a panel of industry experts.
The Winner will be provided with:
- Wildcard entry to perform an original song live at the Event at the Gold Coast Convention & Exhibition Centre with rehearsal on Tuesday 22 February 2022 or Wednesday 23 February 2022, and full shows on Friday 25 February 2022 and Saturday 26 February 2022. The Organisers will work with the Winner leading up to the Event to select a suitable original song for the Winner to perform for the Event shows. Even if the Winner’s Video includes the performance of an original song or part of an original song, the Organisers reserve the right to select a different original song for the artist to perform at the Event.
- The provision of professional lighting design, styling, make-up, staging and production for the performance for the Event shows
- The provision of professional recording facilities and producer to record and mix the song, in the event the Winner is not represented by a record label or manager.
- Provision of an artist profile clip within the TV broadcast
- Provision of SBS Publicity to assist with publicity requirements along with the other 10 Event artists
- Provision of marketing support associated with the Event show including but not limited to on-air promos
- The Winner may be featured on TikTok Australia's social media pages, Instagram and Facebook
- A return economy class flight to the Gold Coast, accommodation for four or five nights subject to the schedule, ground transport for the Winner and a support person in order to perform at the Event.
Selection of Winner
Organisers through a panel of industry experts will select the Winner at their sole discretion.
Criteria for selecting the Winner will include (but will not be limited to) consideration of (i) vocal ability, (ii) performance ability and performance experience and (iii) originality. The Winner will be announced by SBS via media release on Friday 4 February 2022 (this date maybe subject to change).
Subject to any applicable government-imposed travel restrictions and conditions, the Winner must be available to travel to, participate in and perform at the Event on the Gold Coast, Australia, live and in person from 22-26 February 2022 and to participate in various related promotional and publicity activities to be advised by the Organisers.
Further Terms and Conditions
General
- Entries submitted before or after the Competition Period and/or not fulfilling the conditions listed in these Terms and Conditions, will not be eligible for the Competition. The date of submission for each Entry is calculated using the date stamp applied to the Entry posted on TikTok. Any complaints on missing or delayed submissions will not be considered.
- Entrants are responsible for any and all expenses incurred in entering or participating in the Competition. Entrants will not be reimbursed for any expenses incurred in participating in the Competition.
- Each entrant acknowledges and agrees that their Entry or Entries will be publicly available, available for commenting on by the public, and that comments or ratings that the entrant disagrees with or is unhappy about may be published or otherwise become associated with Entry or Entries.
- Each entrant represents and warrants that (i) the vocal performance contained in their Entry is original and has not been previously published, or, where the song being performed is an original song composed by the entrant, has not been released and/or publicly performed in full or in part before 1 September 2021. (ii) they possess the exclusive rights to use and communicate their Entry, (iii) their Entry does not infringe the intellectual property, privacy, publicity or other rights or interest of any third party or result in any other liability; and (iv) their Entry does not violate TikTok's Community Guidelines or Terms of Service.
- If this Competition is interfered with in any way or is not able to be conducted as Organisers reasonably anticipated, Organisers reserve the right, at their sole discretion, to disqualify any entrant or Entry, or to modify, suspend, terminate or cancel the Competition, as appropriate. Organisers also reserve the right to moderate any Entry, and to disqualify any Entry in breach of these Terms and Conditions.
- To the maximum extent permitted by law, Organisers (including its respective officers, employees and agents) are not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of (i) the Competition, (ii) any technical difficulties or equipment malfunction (whether or not under Organisers' control); (iii) any theft, unauthorised access or third party interference; (iv) any Entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Organisers) due to any reason beyond the reasonable control of Organisers; (v) any variation in prize offered or prize value to that stated in these Terms and Conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of a prize.
- To the maximum extent permitted by law, each entrant agrees to indemnify and hold Organisers harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of these Terms and Conditions and/or arising out of or in connection with the Competition.
- Each entrant consents and agrees that Organisers and TikTok can broadcast, publish, promote, copy, reproduce, transmit, display, edit, adapt, modify, create derivative works of and/or otherwise distribute or use the entrants' particulars (including any publicly available TikTok or Facebook or Instagram profile photo and details) and the Video (or any part thereof): (i) in connection with, or promotion of, this Competition and the Event; (iii) in any manner, format or media, in any part of the world, including without limitation on online platforms such as TikTok, Facebook, YouTube, Twitter, Zoom and Instagram, and on SBS branded platforms; (iv) at Organisers‘ sole direction, including for any promotional or marketing purposes of Organisers; and (v) royalty-free and without any obligation of attribution or consent. Each entrant irrevocably grants to Organisers all consents and waivers necessary in connection with the above, without further compensation to the entrant.
- Organisers reserve the right to change these Terms and Conditions without notice and at any stage during the Competition. In the event of any dispute arising from the Competition, or relating to the interpretation of these Terms and Conditions, Organisers' decision shall be final and binding on all parties.
Notification of Winner and participation in the Event
- Organisers reserve the right to refuse entry to the Competition if an entrant does not comply with these Terms and Conditions. The Organisers may also request an entrant to record another version of the Video with an a cappella performance or otherwise to comply with the Video Requirements for inclusion in the TV broadcast, online communication of the Event or in other communications on the Organisers’ platforms related to the Event.
- Organisers may post a comment on any Entry in order to make contact and further discuss the Entry with the entrant. Due to limited timeframes in respect of the Competition and the Event, the Organisers require a timely response and reserve the right not to further consider the Entry if the entrant does not respond to any instructions by the Organisers within 48 hours.
- If the Organisers have provided further instructions which require action by the entrant prior to or on entering the Competition (such as following the SBS TikTok account), entrant must follow these instructions and the Organisers reserve the right not to further consider the Entry if the entrant fails to comply.
- The Winner will be contacted via email or telephone after the Competition closes with information about choice of song and production of the Event.
- The Organisers reserve the right to request evidence of the Winner’s eligibility to participate in the Competition and the Event.
- The Organisers will work with the Winner leading up to the Event to select a suitable original song for the Winner to perform.
- The Winner will be required to enter into an artist agreement in relation to the Winner’s participation in and performance at the Event.
- Subject to any applicable government-imposed travel restrictions, the Winner is responsible for ensuring their availability to travel, participate in and perform live and in person at the Event at the Gold Coast, Australia on the scheduled dates, together with related promotional and publicity activities to be advised.
- The Winner is responsible for ensuring that they satisfy any government or venue requirements in order to travel, participate in and perform live and in person at the Event at the Gold Coast, Australia on the scheduled dates, including but not limited to any COVID-19 vaccination or test requirements in force at that time
- Entrants acknowledge that staging and broadcast of the Event and related publicity activities are subject to matters outside the reasonable control of the Organisers, including any restrictions as a result of COVID-19.
Privacy
- Organisers collect entrants' personal information in order to conduct the Competition; each entrant consents to Organisers using, processing and/or disclosing (including to third parties overseas) their personal information for this purpose, in accordance with these Terms and Conditions. If the information requested is not provided, the entrant may not be able to participate in the Competition. Entrants can view SBS’s privacy policy here.
- By participating in the Competition, each entrant agrees to receive electronic communications from Organisers (such as via comments made on their Entry, email or direct message). Each entrant agrees that Organisers may, for a reasonable period of time, unless otherwise advised, use the entrant's information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrants.
Promotional activities
- Each entrant agrees (i) to take part in any and all marketing, promotional, publicity requests from Organisers with respect to the Competition, (ii) that Organisers may use the entrant's name, voice, photograph, likeness or other personal identifiable information in any media for the promotion and publicity of this Competition, (iii) and grants Organisers all consents and waivers necessary for Organisers to run and promote the Competition, including in respect of any promotional photographs and/or audio/ video recordings taken of the entrant.
- Entrants shall not, without the prior written approval of Organisers, speak to the press or any other media, or give any interviews or comments relating to the Competition.
